13.1 We will ensure that the grant opportunity processes are fair, and:
in accordance with the published guidelines, incorporate appropriate safeguards against fraud, unlawful activities and other inappropriate conduct; and
are consistent with the ARC Act and the CGRGs.
Appeals process
13.2 You are able to submit an appeal against the administrative process used to assess applications. The appeals process is designed to ensure that the application has been treated fairly and consistently in the context of selection procedures.
13.3 We will only consider appeals against the administrative process and not against committee decisions, assessor ratings and comments or the assessment outcome. Appellants must identify the specific guideline/legislative instrument clause, policy or procedure which they believe has been incorrectly applied.
13.4 You must submit an appeal in writing using the ARC Appeals Form on the ARC website, and have it authorised by a Deputy Vice-Chancellor (Research) or equivalent. Appeals must be received within 28 days of the date You receive notification of the outcome of Your application. We will not accept appeals later than 5.00pm (AEDT/AEST) on the appeals submission due date.
13.5 You must submit appeals to us electronically to NCGP@arc.gov.au.
13.6 If You do not agree with the way the ARC has handled Your appeal, You may complain to the Commonwealth Ombudsman. The Ombudsman will not usually look into a complaint unless the matter has first been raised directly with the ARC.
13.7 The Commonwealth Ombudsman can be contacted on:
13.9 The ARC’s purpose is to support the highest quality research and our conflict of interest policy is designed to ensure that all material personal interests are disclosed and, as a result, conflicts of interest are identified and managed in a rigorous and transparent way that ensures the integrity, legitimacy, impartiality and fairness of our processes. Management of conflicts of interest in this way is designed to maintain public confidence in our business processes.
13.10 Any conflicts of interest could affect conduct of the selection processes and/or performance of the grant. There may be a conflict of interest, or perceived conflict of interest, if the relevant ARC staff, an assessor, member of a committee or advisor and/or You or any of Your personnel:
Section 13 - Linkage Program - ARC Centres of Excellence commencing 2020 - Probity | Zoe
has a professional, commercial or personal relationship with a party who is able to influence the application selection process, such as an Australian Government officer;
has a relationship with, or interest in, an organisation, which is likely to interfere with or restrict the applicants from carrying out the proposed activities fairly and independently; or
has a relationship with, or interest in, an organisation from which they will receive personal gain because the organisation receives a grant under the Program.
13.11 You will be asked to certify, as part of Your application, any perceived or existing conflicts of interests or that, to the best of Your knowledge, there is no conflict of interest. Each participant or organisation named in an application must certify to the Administering Organisation at the date of submission any conflict of interest that exists or is likely to arise in relation to any aspect of the application or project.
13.12 As part of the certification of Your application on RMS, You must certify that all Conflicts of Interest have been disclosed in accordance with this section. If a Conflict of Interest exists or arises, You must have documented processes in place for managing the Conflict of Interest for the duration of the Project. Such processes must comply with the Australian Code for the Responsible Conduct of Research (2007), the ARC Conflict of Interest and Confidentiality Policy and any relevant successor documents.
13.13 We will handle any conflicts of interest as set out in the ARC Conflict of Interest and Confidentiality Policy which is consistent with Australian Government policies and procedures. Conflicts of interest for Australian Government staff will be handled as set out in the Australian Public Service Code of Conduct (Section 13(7)) of the Public Service Act 1999). We publish Our conflict of interest policy on the ARC website.
13.14 If You later identify that there is an actual, apparent, or potential conflict of interest or that one might arise in relation to an application, You must inform us in writing immediately. Committee members and other officials including the decision maker must also certify any conflicts of interest.
Privacy: confidentiality and protection of personal information
13.15 We treat Your personal information according to the 13 Australian Privacy Principles and the Privacy Act 1988. This includes letting You know:
what personal information We collect;
why We collect Your personal information; and
who We give Your personal information to.
13.16 You are required, as part of Your application, to declare Your ability to comply with the Privacy Act 1988, including the Australian Privacy Principles and impose the same privacy obligations on any subcontractors You engage to assist with the activity. You must ask for the Australian Government’s consent in writing before disclosing confidential information.
13.17 Your personal information can only be disclosed to someone else:
if You are given reasonable notice of the disclosure;
where disclosure is authorised or required by law or is reasonably necessary for the enforcement of the criminal law;
if it will prevent or lessen a serious and imminent threat to a person’s life or health; or
if You have consented to the disclosure.
13.18 The Australian Government may also use and disclose information about grant applicants and grant recipients under this grant opportunity in any other Australian Government business or function. This includes giving information to the Australian Taxation Office for compliance purposes.
13.19 We may reveal confidential information to:
the SAC and other Commonwealth employees and contractors to help us manage the program effectively and in accordance with any other provision of these grant guidelines or subsequent Grant Agreement;
employees and contractors of the ARC so We can research, assess, monitor and analyse Our programs and activities;
employees and contractors of other Commonwealth agencies for any purposes, including government administration, research or service delivery;
other Commonwealth, State, Territory or local government agencies in program reports and consultations;
the Auditor-General, Ombudsman or Privacy Commissioner; and
a House or a Committee of the Australian Parliament.
13.20 We may share the information You give us with other Commonwealth agencies for any purposes including government administration, research or service delivery and according to Australian laws, including the:
Public Service Act 1999;
Public Service Regulations 1999;
Public Governance, Performance and Accountability Act;
Privacy Act 1988;
Crimes Act 1914; and
Criminal Code Act 1995.
13.21 We will treat the information You give us as sensitive and therefore confidential if it meets all of the four conditions below:
You clearly identify the information as confidential and explain why We should treat it as confidential;
the information is commercially sensitive;
revealing the information would cause unreasonable harm to You or someone else; and
You provide the information with an understanding that it will stay confidential.
13.22 The Grant Agreement will include any specific requirements about special categories of information collected, created or held under the Grant Agreement.
Freedom of information
13.23 All documents in the possession of the Australian Government, including those about this grant opportunity, are subject to the Freedom of Information Act 1982 (FOI Act).
13.24 The purpose of the FOI Act is to give members of the public rights of access to information held by the Australian Government and its entities. Under the FOI Act, members of the public can seek access to documents held by the Australian Government. This right of access is limited only by the exceptions and exemptions necessary to protect essential public interests and private and business affairs of persons in respect of whom the information relates.
13.25 All Freedom of Information requests must be referred to the Freedom of Information Coordinator in writing.